How Does a Criminal Record Affect Oklahoma Gun Crime Sentencing?


Understanding the Impact and Consequences
When it comes to criminal records and gun crime sentencing in Oklahoma, the law is clear and unforgiving. A past criminal conviction, especially a felony, can dramatically alter an individual’s right to bear arms and the severity of penalties if they are found in violation of firearm laws. For example, a previous felony conviction not only bans the individual from owning or carrying a gun but also subjects them to a potential ten-year prison sentence if caught with a firearm. Misdemeanor convictions can also have lasting effects, such as prohibiting firearm possession for those convicted of certain domestic abuse charges.
These strict rules highlight how vital it is to have experienced and professional advice when dealing with firearm rights and criminal accusations. If you or someone close to you is facing these issues, Cannon & Associates is prepared to protect your rights and work towards the best outcome. A criminal record shouldn’t control your future; reach out to us at 405-657-2323 today.
The Relationship Between Criminal Records and Gun Crime Sentencing in Oklahoma
In Oklahoma, people with felony convictions or specific misdemeanors find themselves prohibited from owning or using guns. The stakes are high, with possession of a firearm leading to severe consequences such as a prison sentence of up to ten years and a hefty fine of up to $10,000. Even deferred sentences and probation periods, which offer a chance to avoid a criminal record, can influence gun purchasing rights.
Minors also face restrictions. Those adjudicated as adults or youthful offenders are barred from firearm rights for ten years following the completion of their case. This means that any previous legal issues, no matter how small or how long ago, can have a big impact on a person’s right to own or handle guns in Oklahoma, particularly if the gun is within easy reach.
Prior Felony Convictions
For individuals with felony convictions, Oklahoma law categorically prohibits these individuals from carrying or owning firearms. The consequences of violating this law are severe. If found possessing a firearm illegally, these individuals are subject to enhanced penalties, including mandatory minimum sentences.
The Oklahoma Self-Defense Act highlights the strictness of Oklahoma’s gun laws when it comes to individuals with prior felony convictions. The law not only restricts their ability to possess firearms but also imposes harsh punishments for violations.
Misdemeanor Convictions
Misdemeanor convictions, while less serious than felonies, carry their own set of complications for firearm rights in Oklahoma. Certain misdemeanors can lead to individuals losing their right to possess firearms. This underscores the fact that the impact of a criminal record on firearm rights is not confined to felony convictions, and even a single felony conviction can have serious consequences.
Such a restriction is a clear reminder of the long-term effects of a misdemeanor conviction. It shows why it’s so important to know how a criminal record might affect your right to own a gun and why having a criminal defense lawyer is essential.
Types of Gun Crimes and Their Sentencing Guidelines in Oklahoma
Oklahoma’s gun laws are comprehensive, covering a wide array of gun crimes. Carrying a firearm into an establishment where alcohol is consumed is considered a felony, punishable by a prison sentence of 1 to 2 years.
Other state or federal laws focus on the state of the individual at the time of firearm possession, including air or toy pistol possession. For instance, carrying or using a firearm under the influence of alcohol or certain drugs is penalized, with consequences ranging from fines to potential jail time. Even the unlawful carrying of firearms, except for specific situations such as law enforcement duties and law enforcement education activities, is considered a misdemeanor.
Unlawful Possession of a Firearm
Unlawful possession of a firearm by individuals with criminal records carries severe penalties. For instance, misdemeanors such as domestic abuse and illegal drug possession can lead to a loss of firearm rights. This indicates that Oklahoma law doesn’t just consider the severity of the crime when restricting firearm rights, but also the nature of the crime.
Felons found in unlawful possession of a firearm face a minimum prison sentence of two years, with these penalties escalating up to a decade for those with prior violent offenses. Constructive possession of a firearm, where an individual does not physically possess the weapon but has access to and control over it, can also lead to charges.
Even individuals on felony probation, despite not being considered convicted felons, face harsh consequences if found illegally possessing a firearm.
Carrying a Firearm Under the Influence
The impact of substance use on firearm possession is also addressed by Oklahoma law. Carrying a firearm under the influence of alcohol can lead to penalties ranging from 10 days to six months in county jail and a fine between $50 and $500. This highlights the state’s commitment to public safety, ensuring that firearm possession is regulated not just by an individual’s criminal record but also by their current state of mind.
Even licensed individuals are not exempt from these penalties. If convicted of carrying a weapon under the influence, they face a suspension of their license for six months and an administrative fine of $50. This underscores the seriousness with which Oklahoma views the intersection of substance use and firearm possession.
Firearm Use in Commission of a Crime
Using a firearm during the commission of a felony crime is treated as a separate offense in Oklahoma. This means that individuals committing a felony with a firearm face not only the penalties for the primary offense but also additional penalties for firearm use.
These additional penalties are far from insignificant. Offenders can receive a prison sentence ranging between 2 and 10 years for the use of a firearm in the commission of a felony. The penalties escalate further in the case of violent crimes, with a mandatory minimum sentence of an additional 10 years imposed for discharging a firearm during a violent crime.
Options for Restoring Gun Rights in Oklahoma
While the consequences of a criminal record on firearm rights in Oklahoma are serious, there are legal ways to regain these rights. For example, individuals with a criminal record can seek a pardon or apply for certain types of expungements.
Obtaining a pardon involves receiving a complete pardon from the proper authority and not having any other felony offense on record. On the other hand, an expungement makes a person’s record clean again, unlike a pardon, which means you are forgiven by the governor but your record stays the same. For assistance with these processes, individuals can contact legal professionals.
Expungement Eligibility and Process
Eligibility for expungement in Oklahoma offers hope for individuals with past criminal convictions. Expungement allows these individuals to:
- Seal their records
- Improve their chances of employment
- Improve their chances of housing
- Restore certain rights
Nonviolent felonies can be expunged 10 years after the completion of the sentence for a nonviolent felony offense, provided there are no additional misdemeanor or felony convictions and no pending criminal charges. Misdemeanors can be expunged one year after the completion of the sentence, provided there are no prior felony convictions and no subsequent or pending criminal charges.
Talking to a lawyer about going to court for expungement is an important step in clearing a deferred sentence.
Gubernatorial Pardons
Gubernatorial pardons serve as another pathway to restoring firearm rights in Oklahoma. A gubernatorial pardon refers to an act of clemency granted by the state’s governor that forgives a person’s crime and restores their rights. To be eligible for a pardon, one must:
- Have been convicted under Oklahoma law
- Not currently in jail or prison
- Have completed all sentences or five years of parole or probation
- Have paid all fines and costs
- Not face new or pending charges
- Not have applied for a pardon within the past three years.
The pardon application process involves:
- Pre-pardon investigation by the Oklahoma Pardon and Parole Board
- Placement of the pardon request on a review docket before the Board votes to recommend or not recommend the pardon to the Governor
- Once the Board recommends a pardon, the Governor has ninety days to decide on it
- A granted pardon is recorded with the Secretary of State and the individual is informed about the approval
- If a pardon is denied, the individual may reapply after three years, providing updated documentation for the new application.
The Importance of Legal Representation in Gun Crime Cases
Understanding Oklahoma’s gun laws is complex. It’s important to have a lawyer to help navigate the legal system if you’re facing gun crime charges. A lawyer can work towards less severe penalties or different sentencing options.
Building a strong defense includes looking at all the evidence, questioning witnesses, and supporting clients emotionally. When facing charges that could lead to serious penalties, it’s essential to understand Oklahoma’s gun laws and to stand up for clients’ rights. Cannon & Associates is ready to offer this kind of help.
Free Case Strategy Session
Case strategy sessions with Cannon & Associates offer a platform for a thorough discussion of gun crime charges and potential defenses. During these complimentary, confidential strategy sessions, clients can gain insights into potential defenses and approaches to their case, including an examination of any mistakes in evidence gathering.
Representation in Court
Representation in court is more than just a formality. It is a strategic move aimed at achieving reduced charges or lighter penalties for the client. Criminal defense attorneys ensure that clients are well-prepared for their hearings and court appearances, thereby increasing their chances of a favorable outcome.
This underscores the importance of having experienced legal representation in court. With legal guidance, individuals can work towards a resolution that respects their rights and interests.
Please be aware that the legal regulations mentioned in this content, including potential dollar amounts or imprisonment lengths, may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.
How Cannon & Associates Can Help You
At Cannon & Associates, we believe in empowering our clients with a strong defense strategy. Led by veteran John Cannon, we provide legal defense services for individuals arrested or facing charges in Oklahoma City, with a focus on clients’ rights and freedom in criminal defense cases. We offer a free case planning session to discuss legal options and rights specific to Oklahoma criminal cases and are available for contact 24/7.
As part of our advocacy, we work tirelessly to ensure that the government fulfills its burden of proving each element of an accused crime beyond a reasonable doubt. John Cannon, the founder of Cannon & Associates, has been recognized as a Super Lawyer, indicating our firm’s commitment to quality legal defense. We offer defense for both state and federal gun crime charges in Oklahoma, providing customized defense strategies tailored to the unique circumstances of each gun crime case.
Our team includes former prosecutors, providing unique insights into prosecution tactics that can benefit your defense, especially in cases involving drug trafficking, firearms/ammunition offenses, and domestic violence. With an in-house investigator dedicated to evidence gathering and witness interviews, we strengthen your defense from the ground up. Begin with a free initial case strategy session to discuss your specific gun charge case and explore potential defense strategies. It’s crucial to build a strong client-attorney relationship, and we’re committed to offering a comprehensive defense strategy tailored to your needs, including the complexities of drug and firearms laws as well as the nuances of domestic violence cases. Take the first step towards your defense; call us now at 405-657-2323 to schedule your case strategy session.
Frequently Asked Questions
Can a misdemeanor conviction affect my firearm rights in Oklahoma?
Yes, a misdemeanor conviction, especially for offenses like domestic abuse, can significantly impact your ability to possess firearms in Oklahoma. The law specifically prohibits individuals with certain misdemeanor convictions from owning or possessing guns. It’s vital to review the conditions of your misdemeanor because even charges that seem minor could affect your gun rights for years to come.
Are minors with criminal records restricted from owning guns in Oklahoma?
Indeed, minors in Oklahoma who have been adjudicated as adults or as youthful offenders face strict firearm ownership restrictions. They are barred from possessing firearms for a decade once their case has been resolved, which underscores the long-lasting implications of juvenile offenses. Young individuals and their guardians need to be aware of these consequences.
How does Oklahoma law treat firearm possession by someone under the influence?
Oklahoma takes a firm stance against carrying a firearm while under the influence of alcohol or drugs. Individuals found in violation face serious penalties, including incarceration for up to six months and fines that can reach $500. Even those with a valid carry license are not exempt; they risk suspension of their license and additional fines, reflecting the state’s commitment to responsible gun ownership.
What constitutes “unlawful possession” of a firearm in Oklahoma?
Unlawful possession of a firearm in Oklahoma includes several scenarios, such as when a person with a felony record has a firearm or when someone possesses a gun in violation of specific misdemeanor conditions. Additionally, carrying a firearm in prohibited spaces or while under the influence is also deemed unlawful. This term casts a wide net, capturing various situations where firearm possession would be against the law.
Can firearm rights be restored after a criminal conviction in Oklahoma?
In Oklahoma, individuals can regain their firearm rights after a criminal conviction, but it requires adherence to legal procedures. Obtaining a pardon or successfully going through the expungement process are avenues to explore for restoring these rights. Each option has its own set of requirements and steps, which must be carefully followed to reestablish eligibility for firearm ownership.